Comments to the Copyright Office regarding “Orphan Works & Mass Digitization” are due this Wednesday, May 21st, by 5pm.
MALC stands in solidarity with the National Writer’s Union and artists of all disciplines who want to retain both their moral and legal rights to their work(s)/intellectual property. One of the main reasons for the formation of MALC was the 2008 federal battle over “Orphan Works”. Several of MALC’s cofounders, myself included, fought hard in 2008 to defeat two pieces of federal legislation that would have destroyed the current, and needed, copyright and moral protections.
We ask you to take the time to send in written comments and to use the National Writer’s Union letter as a guide. Remember, copyright protects all of our creative work and there are mechanisms that exist for people to share their work (think creative commons) without destroying existing and needed copyright protections.
Please look over the National Writer’s Union Call To Action before submitting your comments.
Submit electronically at http://www.copyright.gov/orphan/comment-submission/
Below this Call To Action I include brief information about U.S Copyright Law and the Orphan Works issue.
Onward!
Kathleen Bitetti
Artist & Co-founder of MALC
Important Background On U.S. Copyright law:
Currently under U.S. Copyright Law, the two legal ways to use someone’s work is under what is called “fair use” or to find the copyright owner and negotiate for the use of the work (whether the creator has officially filed for copyright with the US copyright office or not). The vast majority of artists of any discipline (or US citizen for that matter) do not “officially” copyright their work/register their work with the Copyright Office for many reasons- mainly due to it being cost prohibitive and impossible in some cases due to the volume of work they create.If one can’t find the copyright owner to get permission to use the work and if “fair use” doesn’t apply – they CANNOT legally use the work.
In our creative economy industry, artists of all disciplines send out work samples (music demo tapes, film shorts, jpegs/slides of their artwork, writing samples) in their effort to secure art shows, music/literary contracts, film deals, and/or jobs. Usually those materials are not returned to those who submitted the work- even if they provided the means to return their materials. Under current copyright law the holder of these materials cannot legally infringe or use the work/copyright. Present copyright law provides that legal fees will be covered for those who have suffered their work being infringed (this helps stop those from infringing/stealing work and helps those who are poor/limited income protect their intellectual property).
Basic History of the Orphan Works Issue:
http://www.kathleenbitetti.com/Pages/orphanworks.html
Orphan Works Impact Paper: http://www.kathleenbitetti.com/Pages/AF_OW_paper.html